An exercise on Delegated Legislation

Following the September 11th terrorist incident on the twin towers in America, this scenario was an emergency. If the parliament wanted to pass an emergency law against a similar incident, they couldn't because they were in fear of their lives after the threats received therefore they couldn't be in sitting together to pass an emergency law, so such a law to be passed it would have to be forwarded to the government to deal with which in result will be a form of an order in council.

Overall Orders in Council are more important than By-laws because they affect the general society well as By-laws only affect a small proportion of the society that's the relevant to only that department. By-laws are also one of the forms of delegated legislation. By-laws are laws made by public corporations or local authority only to affect the people who fall under that selected local authority. They make up some quarter of delegated legislations, at the end of the year they are about 6oo laws passed through this form of law. E. g. London underground make small laws banning smoking or you'll be fined.

This means that this law will only affect those who made it and those who use the underground only. People travelling without a ticket we will be prosecuted e. t. c. Because they only affect a small department of the society this results to them being small laws. Overall By-laws and Orders In Council play important roles in making delegated legislation whole. Each law has its function to fulfil. The output of delegated legislation far exceeds that of Acts of Parliament, because it substantially affects the day-to-day lives of a large amount of people. Part B A) Mario is about to start a new job as a librarian in a small school.

The job requires use of a computer monitor. The deputy head also the school health and safety officer and is anxious to comply with all relevant legislation. From the information given I think Regulation 1 refers best to this case scenario because the regulation states "require every employer to perform a suitable and sufficient assessment of work stations to assess any health and safety risks. " In Mario's case the employer is the deputy head teacher, which is good because they are also the school health, and safety officer who are anxious to comply with all relevant legislation.

From my point of view this deputy head will also take in issue about Regulation 2 because it states" Requires employers to plan activities of those workstations so that daily work is periodically interrupted by breaks or activity change" Because of the deputy head's anxiousness to comply with all relevant regulation she will go that extra mile to meet all the three regulation, even offering an appropriate eye test if they want which Regulation 3 state "gives users the opportunity to have an appropriate eye and eye test as soon as practicable after requesting one and at regular intervals thereafter.

Amir works as a telephone -sales representative. His regular daily work requires long periods of sustained concentration as he transfers information from customers onto a computer system. He is finding it increasingly difficult to sustain his concentration. I think Regulation 2 fits best it states "Requires employers to plan the activities of those using workstations so that daily work is periodically interrupted by breaks or activity changes.

These can be informal breaks away from the computer. " As you read the Regulation you can identify the link they have because we know that Amir's finding his work shifts too long that he can't even concentrate. Therefore his in need of the breaks . You can find the answer to this problem in this regulation. . So the employer is liable for not having carried out their duty well.

If this employer has got consideration for his employee he might even consider the use of Regulation3 because he can offer Amir the chance to have an eye test if he wishes just so he can prevent any later health and safety issues. C) Julie works as a receptionist in a busy office. Her daily work involves monitoring a TV screen (fed from security cameras) and constant use of a computer monitor to perform a variety of functions. She has started to suffer with blurred vision.

I think Regulations 3 suits best with this case scenario because we already know what she is suffering with and the solution to this case scenario is found in Regulation3when it mentions about giving the user an opportunity to have an appropriate eye test, also just bear in mind about regulation1 because if the employer had carried a suitable and sufficient assessment to assess any health and safety risks", then may be he/she would have taken action to reduce those risks to the lowest extent possible.

Even to consider Regulation 2, if only the employer had tried to plan some activity or beak changes for their employees to get away from the computer screen. The best solution to suit Julia is the informal break away from the screen for a short period each hour to ease her eyes. Part C Statutory instrument is also another body part that makes up delegated legislation. This is law made by government departments to apply only to those departments, in other words these types of legislation are made to relate to their particular work departments.

This type of legislation plays a very major role in the society proportionally around 3000 laws is passed at the end of the year. The London underground may want to pass a new law. For this to happen, it will require of them going back to their departments, firstly identifying the statue, secondly analysing the statute, from their feedback they can then reform a new law out of the original law. But subject to two procedures.